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HomeMy WebLinkAboutMinutes-12/09/2002December 9, 2002 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, December 9, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Carol Johnson, Library Director. Pledge of Allegiance: Walter Reed, Executive Director of Human Rights Commission. ORAL PRESENTATIONS 117790 - Kristy Meany, from VGM, asked how remodeling of the Five Sullivan Brothers Convention Center is going. VGM will be holding an event at the Five Sullivan Brothers in six months and they are kind of nervous about the building. Lou Cutwright, Building Official, responded that the council will be setting a date of hearing and bid opening for the project at their next meeting on Monday, December 16, 2002. The hearing will be held on Monday, January 6, 2003. Mr. Cutwright stated he expects the project to be completed by May 1, 2002. Pat Price, 1202 Independence Avenue, stated he replaced his cement step with a deck, and he received a letter from the Waterloo Historic Commission that they are taking him to court. Mr. Price reported that the Building Official will not give him a permit without approval from the Historic Commission. Mayor Rooff stated the council will act on Michael Douglas' appeal on Monday, December 16, 2002 and then they are going to review the Historic Commission's ordinance and guidelines. Mr. Cutwright stated his department inspected Mr. Price's deck and it did not pass the code on the structural part of it. Mr. Price stated that the Historic Commission said he has to reduce the size of the deck and the deck can't be visible from the highway. Mayor Rooff asked Mr. Cutwright to try to work this out with Mr. Price. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 117791 - Getty/Jordan that the Agenda, as amended to delete Item Nos. 10 and 12, for the Regular Session on Monday, December 9, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 117792 - Getty/Jordan that the Minutes, as proposed, for the Regular Session on Monday, December 2, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a proclamation declaring December 2002 as Human Rights Month. CONSENT AGENDA 117793- Jordan/Hurley that the following items on the consent agenda be received, placed on file and approved: a. Scott Destival, Golf Manager, to attend Minnesota Golf Show in Minneapolis, Minnesota, on February 21-23, 2003, with costs not to exceed $429.40. b. Walter Reed, Jr., Executive Director; Brian Krischke, Fair Housing Coordinator; Rebecca Johnson and Constance McGovern, Human Rights Investigators; and Warren George and Abraham Funchess, Human Rights Commissioners, to attend RECCR Annual Meeting/HUD Training in Kansas City, Missouri, on December 11-13, 2002, with costs not to exceed $2,187.46, including use of city vehicle. c Beer License Permit Application Class B Mariscos Costa Azul, 209 West (Includes Sunday Sales) 5th Street (Renewal) (Expires 12/11/03) d. Beer/Wine License Permit Application Special Class C Broadway Diner, 504 Riehl Street (Renewal) (Expires 1/06/04) December 9, 2002 CONSENT AGENDA CONTINUED Page 2 e. Beer License Permit Application Class C Petro -N -Provisions, 1615 Bishop Avenue (Renewal) (Expires 12/25/03) (Includes Sunday Sales) Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications. Motion carried. HEARINGS 117794 - This being the time and place of public hearing on sale and conveyance of property generally located at 301 Ralston Road (Krieg School) to the Gates Park Youth Basketball League, Inc., the Mayor called for written and oral objections and there were none. Bennie Walker, 421 Wendell Court, stated he has been a part of the Gates Park Youth Basketball League its entire life. Mr. Walker stated conveying the building to the League will continue the growth of youth. The League has taken youth across the country, not just to play basketball but to see the United States. Mr. Walker stated the League will be able to continue to teach the youth in the computer field and help them with reading. Mr. Walker stated no alcohol or drugs are allowed. Mr. Walker reported that he, Louis Starks, Walter Reed and Robert Thompson are members of the board. Mr. Walker reported that 150 to 400 kids per year are enrolled in the League's programs and come from New Hartford, Denver, Hudson and other surrounding communities. Getty/Berry that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 117795 - Berry/Jordan that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood stated the Gates Park Youth Basketball League is a good. cause, but he is concerned that because this is a public building we should through the protocol of requesting bids. Councilperson Greenwood stated he is concerned what will happen to the $47,000.00 owed to Rampart Corporation by the League. Mayor Rooff stated that the Waterloo Schools gave Krieg School to the Gates Park Youth Basketball League, not to the city. Mayor Rooff stated the schools could not give the building to the League so the city took title, but we really did not want the building. Jim Walsh, City Attorney, stated that Rampart Corporation has included the city in its suit against the Gates Park Youth Basketball League, but the council did not authorize the work. Mr. Walsh stated he believes the Court will throw out the suit against the city, but it is a valid suit against the League, and they will have to pay the money owed to Rampart Corporation. Mr. Walsh stated that selling the building will not hurt the law suit one way or another, and it will work itself out. Councilperson Welper asked what happens if the League goes broke, will the city get the building back. Mr. Walsh responded that once the deed is completed, it is no longer city property. Mr. Walsh stated that the city has spent funds for utilities, maintenance and insurance and it is a liability to the city. Councilperson Jordan stated he supports the sale of the building because the building costs the city money, and this organization helps kids and families. Councilperson Jordan stated he pats the organization on the back and supports them. Councilperson Berry stated that the Gates Park Youth Basketball League has been in existence for 25 years and has helped a lot of children. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2002-703. December 9, 2002 • • PETITIONS FROM PUBLIC 117796 - Berry/Jordan Page 3 that communication from Assistant City Planner transmitting request of Richard Brown to sell and convey for $7,250.00 city -owned property generally located near the intersection of Jefferson Street and West 11th Street be received, placed on file and "Resolution setting date of hearing as January 6, 2003, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion the following comments were heard. Councilperson Jordan stated that after the environmental study is done if the property is contaminated Mr. Brown does not want the property. Jim Walsh, City Attorney, stated that environmental laws are very complex. If the city did not cause the pollution, the city is not liable. Councilperson Hurley asked if the city calculated its costs. Don Temeyer, City Planner, reported that Mr. Brown will pay for the environmental study unless the property is contaminated. Mr. Temeyer stated that we have not calculated the cost for the environmental study. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-704. REPORTS 117797 - Getty/Greenwood that communication from Waterloo Water Works General Manager transmitting Calendar Year 2003 Budget be received, placed on file and "Resolution approving said budget", be adopted, and the City Clerk instructed to forward same to Black Hawk County Auditor. Prior to a vote on the above motion, the following comments were heard. Councilperson Jordan asked if the Water Works is raising water rates. Steve Schumburg, an employee of the Water Works, answered that the Water Works is looking at a single digit increase and will hold a hearing on December 18, 2002 on the rate increase. The Water Works budget shows a deficit. The Water Works is looking at increasing the water rates because of raises for staff, increased insurance costs and reduced water sales. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-705. DOCUMENTS 117798 - Welper/Jordan that communication from Assistant City Planner transmitting agreement with John Gavin to lease property generally located in Riverview Recreational Area for $350.00 per year to be used for storage of bricks be received, placed on file and "Resolution approving said lease agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-706. 117799 - Getty/Jordan that communication from Associate Engineer transmitting IDOT Grade Crossing Surface Repair Fund agreements with the Canadian National/Illinois Central Railroad Company in conjunction with reconstruction of railroad crossings at Brees Street, West Parker Street and alley between Parker and Newton Streets, at an estimated cost of $111,162.91, with City match of $23,532.58, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-707. December 9, 2002 DOCUMENTS CONTINUED 117800 - Getty/Jordan Page 4 that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa, at a total cost of $2,693,685.98 in conjunction with F.Y. 2002 Street Reconstruction Program, Contract No. 646, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-708. 117801 - Getty/Jordan that communication from Assistant City Planner transmitting application with U.S. Environmental Protection Agency for Environmental Justice grant in the amount of $20,000.00 in conjunction with U.S. Highway 63 Corridor Study from U.S. Highway 218 to Donald Street be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-709. RESOLUTIONS TO BE ADOPTED 117802 - Berry/Welper that "Resolution authorizing conveyance of property formerly known as the Rath property to Crystal Distribution Services, Inc.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-710. 117803 - Berry/Welper that communication from Assistant City Planner transmitting request of Jack Nooren to forgive special assessments in the amount of $8,457.08 for property located at 210, 212 and 216 Franklin Street in conjunction with construction of new Family Video Store to be located at Franklin Street and Highway 63 be received, placed on file and "Resolution approving said request", be adopted and City Clerk authorized to notify Black Hawk County Treasurer of same. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated this is a good facility and it is good to see businesses building on the Eastside, but he has a problem forgiving over $8,000.00 in special assessments. Black Hawk County forgave $16,000.00 in delinquent taxes and with this $8,000.00 that is over $24,000.00 that Family Video is asking for abatement. Councilperson Getty stated he has a real problem with people buying property at a tax sale thinking something will happen in that area, and then they pay no fees. Councilperson Getty stated he feels the city needs to be able to go after those people and get our money. Councilperson Jordan stated he supports economic development, but he is concerned the city created the CURA and then abates over $24,000.00. Councilperson Jordan stated he takes this personally as he purchased the Johnson Street apartments and had to pay the taxes. Councilperson Jordan stated he is concerned that the perception is buy the property because the city will forgive any assessments. Councilperson Jordan stated that the city does not do anything for existing businesses, but we give everything to new businesses. Councilperson Berry stated she agrees with Councilpersons Jordan and Getty. Councilperson Berry stated that none of the council objects to this business, but something needs to be done about inconsistencies and abatement of $24,000.00. Jack Nooren, Nooren Realtors, stated the land was owned by a company out of Florida for ten years, and they have not paid the taxes. Mr. Nooren reported the property owner signed the property over to Family Video at no cost and Family Video purchased other property for about $300,000.00. Family Video will pay for asbestos removal, etc. A Phase 1 Environmental Study was conducted and Phase 2 shows no ground contamination. The delinquent special assessments is $8,457.08. The Franklin -Gateway Neighborhood Association has worked with the city on cleanup of the property. Mr. Nooren stated his client needs the abatement of the taxes and special assessments as he did not budget for these costs. • • December 9, 2002 • • RESOLUTIONS TO BE ADOPTED CONTINUED Page 5 Don Temeyer, City Planner, reported that Mr. Nooren paid for the Phase 1 and Phase 2 environmental studies. Councilperson Getty reported he took Lou Cutwright, Building Official, for a ride and showed him boarded up homes. Councilperson Getty asked how long does the city let those owners do nothing. Mayor Rooff stated there are certain areas that the city wants to offer incentives to improve the areas. Mayor Rooff asked if Family Video will seek a CURA tax exemption. Mr. Nooren responded that he anticipates that his client will file a CURA exemption. Mayor Rooff stated that this property will produce a couple thousand dollars in taxes. Councilperson Hurley stated this item needs to be included in the council's goals discussions. Councilperson Hurley stated if the city denies this request, the city will still have delinquent taxes and unpaid special assessments. Councilperson Getty stated that everyone approves the project, but the problem is with property sitting there all these years and the owners doing nothing. Councilperson Jordan stated he supports this project. Developers don't develop in these areas because of all the work, but the council created the CURA to help people build in these areas. Pat Price, 1202 Independence Avenue, reported he has a lot in Garden Avenue and has been paying taxes for five years and would like his taxes taken off. Mr. Price stated he agrees with the sentiment about out-of-state owners. Forest Dillavou, 1725 Huntington Road, stated out-of-state buyers purchase a lot of property at the tax sales, make money on some of the properties and let the others slide if they don't make money. Mayor Rooff stated that the State of Iowa passed a law that anyone can buy these properties. Don Temeyer, City Planner, stated that Black Hawk County made an agreement if they abated the taxes the former property owner could not make a profit. Mr. Nooren stated Family Video would hope to start building this winter or in early spring. Mayor Rooff stated no taxes are being paid on the property. and even with the CURA, the city will receive some taxes and the taxes will be far greater than the city currently receives. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-711. BILLS PAYMENT 117804 - Jordan/Berry that "Resolution approving Schedule AP640, pp. 1-62, dated December 9, 2002, in the amount of $677,174.74, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-712. NEW BUSINESS 117805 - Hurley/Welper that "Resolution setting date of hearing as January 6, 2003, at 5:30 p.m. in the City Hall Council Chambers on sale and conveyance of Lots C and D generally located on Pleasant Valley Drive to Dr. H. Mark Trunnel for $32,400.00", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-713. 117806 - Getty/Berry to instruct Fire Chief to prepare bid document in conjunction with purchase of vehicle for Waterloo Fire and Rescue, be received, placed on file and approved. Ayes: Seven. Motion carried. .O December 9, 2002 Page 6 NEW BUSINESS CONTINUED 117807- Jordan/Hurley that bid document in conjunction with purchase of vehicle for Waterloo Fire and Rescue, be received and placed on file. Ayes: Seven. Motion carried. 117808 - Getty/Jordan that "Resolution preliminarily approving bid document in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-714. 117809 - Hurley/Greenwood that "Resolution setting date of hearing on bid document and taking of bids as December 16, 2002, at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2002-715. ADJOURNMENT 117810 - Jordan/Berry that the Council adjourn at 6:26 p.m. Ayes: Seven. Motion carried. Nancy ckert City Clerk • •